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What is a Notice of Appeal?

A Notice of Appeal is a court form that tells the court and other parties that you are appealing a decision. 

Generally, to start an appeal, you must file a Notice of Appeal in the circuit court where the case was decided. (There are exceptions. These include administrative appeals under Rule 335 and certain appeals under Illinois Supreme Court Rules 306, 307(d), and 308. You would file the Notice of Appeal directly with the appellate court.) The Notice of Appeal says what relief you will be seeking from the appellate court. 

How do I calculate the due date for filing my Notice of Appeal

To figure out the deadline to file your Notice of Appeal, count from the day after the circuit court entered the order or judgment. You must count weekends and holidays. If the deadline to file falls on a weekend or holiday, you may file the Notice of Appeal on the next business day. If you file it by mail (because you have an exemption from e-filing) the date you send it is also the date of filing.

How much does it cost to file the Notice of Appeal? 

There are no fees associated with filing a Notice of Appeal. But you will have to pay a fee when you file your Docketing Statement. You will also have to pay any fees associated with creating the Record on Appeal and for the Report of Proceedings

What if I missed the deadline to file my Notice of Appeal

You may ask for more time to file your Notice of Appeal. To do so, file a motion for leave to file a late Notice of Appeal with the appellate court within 30 days of when your Notice of Appeal was originally due. 

You must attach your Notice of Appeal to the motion and pay a $50 filing fee. If you cannot afford to pay the filing fee, you can file an Application for Waiver of Court Fees (Appellate)

The appellate court does not have to give you more time to file your Notice of Appeal. The appellate court may dismiss your appeal if you do not have a “reasonable excuse” for filing a late Notice of Appeal

Last full review by a subject matter expert
November 23, 2021
Last revised by staff
November 23, 2021

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